National Transitional Council of France - Version 2.0: Letter challenging a report for non-compliance with confinement - CNTF Official

Warning :

Regardless of the medical and/or health reasons that may justify the measures to contain the populations, there are purely legal reasons for nullity of the Verbal Trials, set against violators of administrative measures decreed by the government. This is why the Citizens' Collective of the National Transitional Council of France proposes a model of protest downloadable in format "pdf" so that it can be adapted to all situations encountered.

How to use the challenge form:

Because of the specific legal and procedural arguments mentioned in the challenge formula, the following use is recommended:

1 - before the check: it is advisable to carry a blank copy of the protest form or in the glove compartment of your vehicle.

2- during the check: if the check takes place normally and with courtesy, it is nevertheless possible to propose to the police or gendarmerie forces to leave them the form of protest so that they can pass it on to their hierarchy and thus contribute to its wider dissemination. In the event of a problem, it is recommended to do the same but systematically by requiring that it be mentioned and attached in the Verbal Trial of Offence which is given to you for this purpose.

3 - after the check and in case of verbalization: the fact of having mentioned the manifest illegality of the applicable orders and texts, allegedly justifying the verbalization, is supposed to lead to a mandatory contact of the hierarchy by the verbalizing agent, in order to be confirmed the order to verbalize. If the mention of this immediate contact is not attached to the procedure by the verbalizing agent, this will:

First, to be able to identify a breach of the rules of ethics arising from the applicable code (note his RIO);

Secondly, to raise this additional irregularity before the court that will consider your case, following the receipt of your challenge addressed within the mandatory 45-day period, which has been increased to 90 days (order of 25 March 2020 no. 2020-303).

This document was written by Fabrice BONNARD - Officer of the Seals of the National Transitional Council of France - Former Lawyer in the General Directorate of Customs - Former Principal Holder of the Individual Defense Mission of Customs Officers - Former Officer of the Provost.

(Since the Post Office has reduced its activities, the easiest way is to file its challenge online, on the website ofthe National Agency for theAutomated Processing of Offences( A platform/chat platform has also been set up by the national police.

Name: .................................

Firstnames: ...........................

Date of birth : . . / . . /. . . .

: Birthplace: ................

Nationality: ...........................

Address: ...........................

………………………………………………..

Profession : …………………………..

Public Prosecutor's Office officer near the Police Court of ....................

Address of theTribunal........................

…………………………………………………………

A........................, the . . /. . /2020

RECOMMENDED LETTER AR

V/Ref: Notice of ticket no.........................

Subject: Dispute ticket

Art. R.644-4 Penal Code and Articles 529-10 and 530 of the Code of Criminal Procedure

Madam, Mr. Public Prosecutor,

1. The legal and general context of my verbalization as of the

. . . . . . /2020 to ........ time processed at.............................................. (places of the

verbalization) is, alas, perfectly known by yourself, your services and all citizens :

A government (putative since 2008 and a referendum violated), notoriously short-sighted, because it was unable to have in 2020, somewhat anticipated a health crisis in the country; to protect a little and a bare minimum, its own population with a simple strategic or sufficient stock and not ridiculously low of goggles, protective masks, gloves; over-blouses and medicines for its hospitals; for its elderly or vulnerable or fragile, has chosen to compensate, to disguise its failures, pathetic statements of stupidity of its Official Spokesperson, its imperities and its various media and administrative sows upstream, by a widespread police repression of its population which was organized by Decrees issued in haste; not subject to voting or any of the normal controls on legality, conventionality and even constitutionality; no possible or easy judicial review; whether it's at first glance or in reference... Court of Cassation, the Council of State and even the Constitutional Council.

These three highest courts in France, on the other hand, have self-denied all obligations and deadlines, including by the Constitution itself, with regard to

QPC (Priority Question of Constitutionality) and notwithstanding the statements of Madame La Garde des Sceaux and Minister of Justice, which was heard on 9 April 2020 by the Laws Committee chaired by Senator BAS, who previously chaired the one in the so-called "BENALLA" case...

All this, in France and in 2020: In short, a situation that is unprecedented as well as particularly deleterious because it is cacophonous and shameful in law and procedure, for a public prosecutor whose function you exercise in examining this completed challenge form fundamentally and far more deserves the deep respect, in my eyes and above all my usual and cumulative sense of good citizen, good taxpayer, and good justice. But also sympathizers of the Movement of Yellow Jackets who recently demanded and under the LBD40 projectiles not in accordance with the Geneva Conventions in force, sufficient decent resources for the public service of the ER and the French hospitals on the French metropolitan and ultra-marine territories.

The precise context of my particular verbalization is:

However, in a personal capacity, the emergency law and the decree of 23 March 2020 setting out the conditions of exit derogatory to confinement:

In this : (Clear or scratch unnecessary mentions )

(1) Journeys between home and the place or places where the professional activity is practised and business trips are not likely to be delayed;

(2) Travel to make purchases of supplies necessary for professional activity and basic purchases in establishments whose activities remain authorized by Article 8 of this Decree;

(3) Travel for health reasons with the exception of consultations and care that can be provided remotely and, except for patients with long-term conditions, those who may be deferred;

(4) Travel for compelling family reasons, for the assistance of vulnerable people and for the care of children;

(5) Short trips, within the limit of one hour per day and within a maximum radius of one kilometre around the home, related either to the individual physical activity of persons, to the exclusion of any collective sports practice and any proximity to other people, or to the walk with only persons grouped in the same home, or to the needs of pets;

6. Displacements resulting from an obligation to present it to the national police or gendarmerie or to any other service or professional, imposed by the administrative police authority or the judicial authority;

7. Displacement resulting from a summons from an administrative court or judicial authority;

(8) Travel for the sole purpose of participating in missions of general interest at the request of the administrative authority and under the conditions it specifies.

GOLD: I was checked and verbalized without any discernment by the gendarmes, the police

....................................... It's a .. (Location)

My explanationswere not heard and my justifications not taken paradoxically into account by officials not wearing masks and gloves who had protected me or should have

protect them themselves and each other from Covid-19 contamination when handling papers, service vehicles and derogation sheets repeatedly and on orders that have since been

complaints from their unions for endangering others and manslaughter.

THAT'S WHY:

I am intervening with you for the purpose of formally challenging the offence that has been held against me ((Date: ........................ : ) ((Location: .............................. : ) ((Time: ................. : ) - the head of the

non-compliance with confinement under Decree 2020-262 and under the provisions of Article R. 644-4 of the Penal Code (attached notice of contravention).

I ask for your indulgence and ask you in any event to dismiss the contravention of . . . , . . That was wrongly inflicted on me in a financially and necessarily difficult period for everyone and for me in particular.

This 4thclass ticket criminalizes "the violation of measures designed to prevent and limit the consequences of serious health threats on the health of the population. »

In this case, however, none of the conditions set out in this text were met to support the offence alleged against me and to justify any indisputable legal and criminal prosecution which in this case are therefore strictly and non-extensive.

BEFORE,, I have fully complied with the containment measures to the letter, but also and above all, in their spirit saving my health and that of my fellow citizens and all my loved ones. .

Article 2 of The Decree 2020-293 of 23 March 2020, stating for the record: "In order to slow the spread of the virus, hygiene and social distance measures, so-called

barriers", defined at the national level, must be observed in any place and under all circumstances.. Gatherings, meetings, activities, receptions and travel as well as the use of means of transport which are not prohibited under this decree are organised with strict compliance with these measures. ».

I therefore expressly invoke the Declaration of Human and Citizen Rights of 1789 and the European Convention on the Safeguarding of Human Rights and Fundamental Freedoms.

IN OUTRE, I believe that the Forces of the Verbalizing Order should disobey this illegal and abstruse order, by application of their code of ethics of the gendarmerie and the Police because of the manifest non-compliance with the normal procedures provided by the texts of Common Law still in force without the activation of Article 16 of the constitution in force of 4 October 1958 which frames them with barely nullity.

I ask you on this point, already, to base your decision to take into account and to act my challenge to decision 2020/799 ofthe Constitutional, of 26 March 2020 (published at JORF No.0078 of 31 March 2020)

For this set of specific reasons,I have the honour of challenging the 4th class ticket I was struck against and therefore requesting that you waive the prosecution of me.

In the absence of a no-follow-up filing, which I thank you very much for having me notified in writing, I request the hearing of my case before the competent Tribunal and in open court.

I will not fail to take up and develop on the stand the facts and arguments of Law above outlined, as well as availing myself of course of any case law that has taken place in the meantime and relative to the responses to the QPC and/or supranational European and international courts inevitably seized of preliminary questions or by QSQs ((Question Sur the Q uestion) in the very special and derogatory framework of Article 38 of the ) .